(PINA/IFEX) – On 12 November 1999, a Fiji Islands court case that began in 1996 ended with a magistrate being ordered to pay $F1500 (about US$750) costs for wrongly charging three journalists with contempt of court. On 13 November 1996, Magistrate Syed Mukhtar Shah ordered “The Fiji Times” editor Samisoni Kakaivalu and reporters Yunus Rashid […]
(PINA/IFEX) – On 12 November 1999, a Fiji Islands court case that began in
1996 ended with a magistrate being ordered to pay $F1500 (about US$750)
costs for wrongly charging three journalists with contempt of court. On 13
November 1996, Magistrate Syed Mukhtar Shah ordered “The Fiji Times” editor
Samisoni Kakaivalu and reporters Yunus Rashid and Dharmend Prasad to appear
before him for alleged contempt, Fiji newspapers reported. This related to
the “The Fiji Times” reporting that Shah refused an adjournment requested by
a state prosecutor. The prosecutor was questioning why a case listed to be
heard before another magistrate was now being heard before Shah. Shah also
charged the prosecutor with contempt.
After a number of appearances, Shah found his contempt charges against the
three journalists and the state prosecutor proven, “The Fiji Sun” newspaper
reported. The newspaper said that without conviction Shah then ordered the
three journalists and prosecutor to pay $F25 (about US$12.50) court costs
each and not reoffend. “The Fiji Times” then appealed to the High Court. A
High Court judge allowed the appeal and said Shah’s actions were unjustified
and severely tarnished the reputation of the magistracy, “The Fiji Sun”
reported. The judge quashed Shah’s findings and awarded $F33,900 (about
US$16,950) in indemnity costs against the magistrate. In the latest court
hearing, Shah appealed to the Fiji Court of Appeal and his lawyer argued
that no costs should be awarded against the magistrate, “The Fiji Sun”
reported. The Court of Appeal reduced the award to $F1500 (about US$750) and
said indemnity costs could not be awarded in such a case.
